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how does a Colorado Springs Criminal Defense Lawyer help me?

Our Colorado Springs criminal defense attorneys are experienced in handling all kinds of criminal cases–ranging from DWAI/DUI, domestic violence, sex crimes, child abuse, and white collar crimes to juvenile and drug crimes.

Years of experience and proven results have equipped us with the knowledge of how a district attorney and cops put together cases. Though some Colorado Springs criminal defense attorneys take a wait-and-see approach, we understand that there is no time to waste. Our top Colorado criminal defense attorneys realize that the most critical window is usually straight after an arrest occurs. We are a full-service law office offering everything from consultations to hearings and plea negotiations.

Types of Criminal Cases in Colorado Springs

Our seasoned team of criminal defense lawyers in Colorado Springs, CO, has a track record of successfully representing clients and offering legal counsel, and handling the following types of criminal cases:

Domestic Violence

The number of people wrongfully accused of domestic violence in Colorado Springs supersedes any other type of violent crime.

The accuser occasionally makes false allegations of abuse and lies to the police officers. Accusers might fabricate stories out of jealousy or anger or to gain more control over child custody or divorce proceedings. Whatever your defense needs might be, our Colorado Springs criminal defense lawyers are there to help you fight back.

Contact our law office for legal defense services and advice. Our premier trial lawyers use their years of experience practicing criminal defense to create the best defense strategies to defend our clients against all accusations of criminal offenses such as spousal battery, domestic violence, or spousal abuse. Our criminal defense firm offers a free consultation for all legal matters.

DUI/DWAI

Burnham Law’s dedicated criminal defense attorneys, Colorado’s Premier Law Firm, consist of seasoned litigators and former public defense lawyers with decades of experience defending cases brought under Colorado Springs DUI laws.

Therefore, our experienced DUI defense attorneys in Colorado Springs can offer professional legal advice to help you beat or significantly reduce DUI charges. There are various possible DUI charges, depending on the facts of your case.

If you have been arrested for drunk and drugged driving (criminal traffic tickets), you should immediately contact our DUI defense lawyers. Keep in mind that you only have seven days to request a hearing to keep your license. Time is of the essence with DUI offenses.

Drug Crimes

Police or other law enforcement officers frequently utilize defective warrants, unreliable informants, and various other illegal ways to make drug busts. Our Colorado Springs criminal defense attorneys can fight against these unconstitutional searches and deficient warrants in order to gather evidence and throw cases out of state and federal courts.

As for our clients who have drug addiction dependency, we can help you join drug diversion programs, as this can be a better alternative to spending time in jail.

Our Colorado criminal lawyers support clients in all felony or misdemeanor narcotics charges that include the following:

  • Health & Safety Code 11350 HS Possession of a Controlled Substance
  • Health & Safety Code 11351 HS Possession for Sales
  • Health & Safety Code 11352 HS Sales or Transportation of a Controlled Substance
  • Health & Safety Code 11377 HS Possession of Methamphetamine.

When Should I Hire a Criminal Defense Attorney?

If you or your loved one are facing criminal charges, you need to talk to an experienced criminal defense attorney straight away. The expense related to hiring the most competent criminal defense attorney is nothing compared to the price of serving time in prison. We highly recommend contacting a defense law firm and setting up a consultation immediately if you or a friend are facing legal issues.

Having a criminal defense lawyer on board at the very beginning can expedite the entire legal process and reduce defense representation costs. Waiting too long to hire a defense attorney can impact your ability to challenge evidence, request a preliminary hearing, and mitigate your criminal exposure. You need an experienced defense attorney who will safeguard your constitutional rights.

No matter if you are at fault or not, confronting criminal charges that have been brought against you is a long and emotional ordeal. It is priceless knowing that you have the best defense lawyers and aggressive criminal defense representation in Colorado Springs, fighting tooth and nail to secure your freedom and protect your rights.

Can my Case Get Dismissed?

Not every defendant facing criminal charges proceed to trial or enters a plea. Many cases get dismissed by the court or the prosecutor. Our experienced trial lawyers in Colorado Springs challenge the evidence and review investigations with a critical eye. Our criminal law experience and credibility with the Courts and District Attorneys give our clients the best chances at dismissal. The top five issues that cause dismissals are:

1. No Probable Cause for Arrest
For a person to be arrested, police must have probable cause to believe that the person has violated the law. A police officer cannot just arrest someone based on a gut feeling. They must have credible evidence to support an arrest and decide to accuse a person of robbing the liquor store down the street. A police officer must possess a reasonable belief based on objective factual circumstances that a criminal offense has been committed.

2. An Improper Charging Document or Criminal Complaint
As a law enforcement officer writes a charging document or criminal complaint, they must sign the document under an oath, proving the truthfulness of the contents. Local and state laws determine what information a charging document or complaint must have.

3. An illegal Search or Stop
Police officers are limited in their abilities to conduct searches, and each incident is case specific. For example, an officer can search a car after a person is arrested without a warrant or the suspect’s consent. Searches conducted during and after an arrest are common practices but are not always conducted properly. The same is true for searches of a suspect or a home. Again, the need for an experienced defense attorney is imperative to navigate the chain of events and ensure that your constitutional rights have been protected every step of the way.

4. Insufficient Evidence That The Defendant Committed The Crime
Every defendant has a right to require the prosecuting attorney to demonstrate there is sufficient evidence to proceed with the charges, whether through a Motion’s Hearing or a Preliminary Hearing. However, it is common for a prosecutor (or deputy district attorney) to impose a “hearing tax” on a defendant exercising this right. That means that an offer may be withdrawn if someone goes forward with a hearing based on a weak defense. Therefore, it is imperative to have an experienced defense attorney in Colorado Springs who fights with a purpose, not simply to bill a client. Mitigation can be achieved in multiple ways short of hearing, and our goal is to obtain the best possible outcome for our clients. As former prosecutors, we know what is effective and persuasive. If we go to a hearing, we expect the criminal case to be dismissed.

5. No Available Witnesses To Prove The Defendant Violated The Law
If the prosecution loses important physical evidence or a key witness is unavailable to testify before the court, the prosecutor might not have a choice but to drop the case because there is not sufficient evidence to prove guilt beyond a reasonable doubt. In many cases, physical evidence is of paramount importance, and without it, the prosecutor might not be able to prove the case.

Sometimes, cases are dropped after the defendant has gone to trial, lost, and won an appeal.

Will I Go To Jail?

When you face a criminal charge, your first question might be: “Will I go to jail?” if you have been faced with criminal charges, get in touch with a lawyer at Burnham Law, Colorado’s Premier Criminal Defense Law Firm, to discuss your case. Our knowledgeable and experienced Colorado criminal defense attorneys will thoroughly review your case and give a concrete legal opinion regarding the jeopardy you may face.

It is quite stressful to be accused of a criminal offense. But it is of the utmost importance to keep in mind that, in practice, an individual is presumed innocent until proven guilty. This means that being accused of a crime does not necessarily mean that you are at risk of ending up in jail.

It is especially important to retain an experienced defense attorney in the Colorado Springs, CO, area if the prosecutor has offered a plea bargain that includes a jail sentence.  Plea bargains can be negotiated and mitigated if you have the right attorney on your side.

Once a person is arrested and put in jail in Colorado Springs, they must post a bond in order to be released.  If charged with domestic violence, a defendant must appear before a judge prior to having a bond set.  That means an arrest made on a Friday or during the holidays may result in staying in jail for days before being released.  If a person is unable to post a bond, they remain in custody until their case is resolved.  This can take months or even years.  Having an experienced attorney relieves you of making desperate decisions in order to get out of jail.  We will fight to reduce your bond and streamline your case.

How Long Will My Case Stay On My Record?

You may be wondering how long a conviction will remain on your record.  You may also not realize that even a case that is dismissed remains on your record until and unless you have your record sealed.  Even though dismissed, having an arrest on your record can affect your ability to get into school, obtain a job, or become a nurse or caretaker. An experienced criminal defense lawyer at Burnham Law could help you seal or expunge your record even if you were convicted.  Each case is different, and different rules apply to different offenses.  We know how to seal your record or have convictions expunged.  We do it quickly so you can move on with your life with a clean record.

Unless you take calculated steps to have an arrest removed from your record, it can stay forever. If you are planning to have your records expunged, it is critical to keep the following points in mind before proceeding forward:

  • Sealing will only seal your arrest record from public view. Certain governmental and law enforcement agencies will still be able to access your records.
  • People with prior offenses have a harder time removing offenses from their records than those with no criminal history.
  • Misdemeanor charges are not treated the same as felony charges.
  • You cannot seal traffic offenses, including DUIs.
  • How your case was previously handled affects your ability to seal or expunge it later.
  • You must show that having a record has actually affected you, not merely has the potential to affect you.

Contact our law offices right away if you need a good defense lawyer in Colorado Springs, Colorado. We have the necessary resources and experience to help you, whatever your case may be.

I’ve Never Been Arrested Before – What Happens Now?

Your lack of prior criminal records is not the sole basis to drop your current DUI case or even receive a better plea deal. But most certainly, it is much better to have a clean record because those who have been arrested before, particularly those with prior DUI convictions, are normally exposed to substantially increased penalties.

There are mandatory jail sentences for second offenses more intensive therapy and treatment, much longer license suspensions, and longer probationary periods. Depending on the facts of the case, an individual with a first DUI offense and no aggravating factors faces less significant consequences than those with prior convictions.

No matter what type of work you do, a criminal record can impact you in multiple ways outside of the courtroom.  For example, drug-related offenses can prevent you from obtaining federal financial aid for school.  Having a child abuse charge can prohibit you from working in the nursing or caretaking fields.  Major traffic offenses, including DUIs, may result in the loss of your CDL license.  Having a Colorado Springs criminal defense attorney with relevant experience is essential to mitigate and reduce both your criminal exposure and the unintended consequences that a conviction may have on your life outside of the legal system.

Hiring the Best Defense Attorney

Sadly, at some point in your life, you might need to hire a criminal defense lawyer. The choice you make is critical as the legal system is not one-size-fits-all.  You need an attorney who will fight for you. You are wasting your money, and potentially your freedom, by randomly choosing a lawyer.  This may be the biggest decision of your life and should not be made impulsively.  You kick the tires before buying a car.  You should vet your attorney and choose the most experienced and respected one you can find in Colorado Springs, Colorado.

In general, people do not know how to hire a criminal defense lawyer, do not know the right questions to ask, and as a consequence, they spend more money than they should and open themselves up to more severe penalties and even longer jail sentences.

The very best thing you can do is get in touch with several different criminal attorneys and determine whether or not they would be a good fit. How do you do this? By forming and asking the right questions.

How Much Does it Cost?

As far as Colorado criminal law is concerned, defense lawyers in Colorado Springs quote flat fees for providing legal services. Every so often, they charge within a range, though mostly, their charged rates are locked in a flat figure. This goes beyond just charging per hour, it gives you an idea of the other costs you should expect to see. The following questions are good to ask your attorney:

  • Do you charge a flat fee or an hourly rate? If you charge a flat fee, what is it? What is included? What is not included? Do I have to make payments upfront?
  • If it is not a flat fee, what is your rate?
  • What other costs may I expect other than your rate? Could you provide an estimate for them?

Hire Burnham Law – Colorado’s Premier Criminal Defense Law Firm

Do not let being charged with a crime control your life. Here at Burnham Law, we understand that many innocent people get charged with crimes, and that good people make mistakes. Our lawyers at Burnham Law want a successful outcome in any case, but in criminal defense, we understand the profound and lifelong impact of the case.  Burnham Law, Colorado’s Premier Criminal Defense Law Firm, gives you the best chance for a successful outcome.

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Kayla
Wingard

Senior Associate - Domestic Relations & Criminal Defense

Colorado Springs

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